Legal Opinion

National Benefit Life Insurance v. Brown

Court of Appeals of Georgia

Decided June 13, 1930No. 20090PublishedCited by 5 opinions

1Opinion of the CourtJenkins, P. J.

(After stating the foregoing facts.)

1. Under the ruling made by this court in Veal v. Security Mutual Life Ins. Co., 6 Ga. App. 721 (65 S. E. 714), the retention by an insurance company of a dishonored insurance-premium check, coupled with a claim of liability thereon as against the insured, amounting to a claim of ownership of the check by the company, will constitute an acceptance of the check as in payment of the premium, such as will prevent a forfeiture of the policy.. The reason for such a variance from the general rule, that checks are not accounted payment until they themselves are…

2Cases cited4 opinions

  1. Veal v. Security Mutual Life InsuranceCourt of Appeals of Georgia · 1909
  2. Mutual Life Ins. Co. v. Chattanooga Savings BankSupreme Court of Oklahoma · 1915
  3. Philadelphia Life Ins. v. HayworthCourt of Appeals for the Fourth Circuit · 1924
  4. Chandler v. American Central Life InsuranceCourt of Appeals of Georgia · 1921

3Cited by5 opinions

  1. Liberty National Life Insurance Company v. DavisCourt of Appeals of Georgia · 1978
  2. Nawcas Benevolent Auxiliary v. LevinCourt of Appeals of Georgia · 1968
  3. William Henry Wall, Jr. And Hallie A. Wall v. The Mutual Life Insurance Company of New YorkCourt of Appeals for the Fifth Circuit · 1972
  4. Turner v. Pilot Life InsuranceSupreme Court of South Carolina · 1961
  5. Winton v. ButlerCourt of Appeals of Georgia · 1936

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